Democracy by Decree

Democracy by Decree
Author: Ross Sandler
Publisher: Yale University Press
Total Pages: 292
Release: 2004-01-01
Genre: Philosophy
ISBN: 9780300103144

Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.

Government by Decree

Government by Decree
Author: James L. Hirsen
Publisher:
Total Pages: 0
Release: 1999
Genre: Executive orders
ISBN: 9781563841668

In this book, noted author and attorney, James L. Hirsen discloses vital information that every person needs to know concerning the hidden power that lurks within the executive branch of government. Do you know what awesome powers are available to the President through executive orders already on the books? Hirsen shows how easy a new law can be put into force without the approval of Congress.

Executive Decree Authority

Executive Decree Authority
Author: John M. Carey
Publisher: Cambridge University Press
Total Pages: 350
Release: 1998-05-13
Genre: Business & Economics
ISBN: 9780521597227

This book offers a theory that predicts when executives should turn to decree and when legislatures should accept this method of policy-making.

Presidential Decrees in Russia

Presidential Decrees in Russia
Author: Thomas F. Remington
Publisher: Cambridge University Press
Total Pages: 187
Release: 2014-06-05
Genre: Biography & Autobiography
ISBN: 1107040795

The book examines the way Russian presidents Yeltsin, Medvedev, and Putin have used their constitutional decree powers since the end of the Soviet regime. The Russian constitution gives the Russian president extremely broad decree-making power, but its exercise is constrained by both formal and informal considerations. The book compares the Russian president's powers to those of other presidents, including the executive powers of the United States president and those of Latin American presidents. The book traces the historical development of decree power in Russia from the first constitution in 1905 through the Soviet period and up to the present day, showing strong continuities over time. It concludes that Russia's president operates in a strategic environment, where he must anticipate the way other actors, such as the bureaucracy and the parliament, will respond to his use of decree power.

Trials of the State

Trials of the State
Author: Jonathan Sumption
Publisher: Profile Books
Total Pages: 77
Release: 2019-08-29
Genre: Law
ISBN: 1782836225

A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.